Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1887-04-04

Tending TO lmpeaoh important Wit.
IS Hssses for the State.
BehBif Of the Accused.

s hesses for the State.
The foil wing testimony in the trial
oEArefsdorf for he murder Of Drstiads
docK ~ the Sioux CITY Jouraaf Oh
Saturday. - S
The first witness called by the defense
William Smith, q policeman, who
testified for the defense Thursday to
Bismarck on the street late the
night OF the murder. The following js,
abstract of the evidence introduced
by the defense during the coursssof the
day, incl udlng both the forenoon u
OF court: T
WIIGIA4 k-sMFTERECAAEHDA@
TIE nadht III Stbs &mArasrF ABOUT u
o'olo6A Isaw BismarckAnd talked with
him. We only spoke afew words, and
bismarck passed on up the street.
Joseph sPREY.
/ live IN Sioux City and have for elk
years. In August l was engaged in the
saloon business, and / then knew Leavitt
/ saw him that evening about 8 a'pldck
ut my saloon and talked with hif1. He
wanted to borrow revolver that ave.
nlng., ItlYassa littlei before pr after 8
O'Clock. He asked me to get q pistol
for him. J did not do it. He asked me
60 60 out and get one. I went over to
Mr.. Hunt ard. asE2&t f6ki onA, but MIR.
Hunt wouldn't let me have his. When
/ went back to the saloon Leavitt was
there andtIItbld hlm.4 / told him to go
to SchudelIs gun store and they would
lend or sell him, Q, revolver. Billy Hunt
q a. n III fJrsAt} M lBN,v, al, ny SaaA MHST - x.kk
had an umbrella and rubber coat. He
wore light pants turned up a little at the
heel. This was about 9o'clock. I think
he had . light hat on. Then i went
into the saloon and didn't see him again
that nights
Oroas-examination by tie state I am
not engaged in any business now. ]
haven't been doing anything for two
months. Before that / was in the ca
loon business for about one year. Be-
fore that I was q butcher, and before
that / worked ut 6elzsr's brewery, ]
have seen Leavett at his theater and
drank with him there. I haven't been
there often. My saloon is on
Fourth street near Nebraska street. My
bartender was in the saloon when Lea
witt same in. Leavist called me out. ]
Was playing q gains of cards with Philo
Miller. think Leavitt came two or
three steps in the door. I followed him
out, and we stood there by the saloon.
THERE'S q light across the street. There
was no ether light. l eouidn't tell
whether che street liz eighty or 100 feet
away. The light was on the northeast
corner OF the street. IL was o gas light.
There were lights in front OF the window
of my saloon, and screens ACROSS the
window, but not covering IL entirely.
There were screens across the door also
Leavitt's ooat-the rubber coat-was
buttoned from top to bottom. + am
pretty positive that Leavitt's hat war o
gray one. l don't know how. the mar
who vas in the room with us was
dressed. I don't know what kind oi
boots, pants Or coatshe had IN. nor the
length or color Of his coat. There
were Q good many people coming into
the saloon. / don't know how they were
dressed. Charlie Lambert was in. ]
don't know how he WAS dressed. Mr.
Hunt was there. I don't know whal
kind Of plants he had on, nor whether
they were rolled up nor what color they
were. / am not sure that it was az
late Rs 9 O'Clock when Leavitt came in
! locked at .ka clock Q little before Lea
witt came in. l am not sure that IL
might not have been an hour or one and
q half hours from 9 o'clock.
REORGANIZATION by defense: T think
it was 800 feet to the light from the
saloon. Think / would know the ha'
Lsavitt had on that night.
The defense showed witness o hat, anG
the hat wa introduced 10 evidence.
Witness, continuing: don't know
sure ii that is the hat Leavitt had on.
JAMES DRUIKsHAEK.
l live in Sioux City and have for four
teen years beenfturnkey.I amturnkey and
haye eEArge OF the prisoners in the jail
l SIN acquainted with Bismarck. I have
charge of the Jail In which he is confined
I know Leavitt, and have knoYn him .
year. know or his coming to the jai
about the 27ths or November. The sheriff
brought him down in the Jail.
Leavitt talked with Bismarck
Leayitt said hello, and asked Els
marck il be knew him. Bismarck said
no., bat hehad heard OF him Lsavitt]
Leavitt asked him ii he had everything
he wanted. Bismarck said he had
tobacco, but nothing TO drink, and asked
Lsavitt to bring him In little sohnsppt
LeaYitt said he would bring some or he
would send some. Leavitt asked Bis
marck how his vile was getting along
Bismarck said he had enough to eat, blu,
he didn't know whether his wife had o,
not. Leavitt said for Bismarck to give
his wife's address and he would see that
she was provided for. Leavitt said
.You know / didn't kill Haddock." Bis
marck said nothing. Leavitt said Bis
maEck knew who did IL, and the latter
said John A~rensdorf, repeating the name
twice. Lsavitt told Bismarck he could
get him out Of Jail but he would have to
leave town, and that he. was as we'll of
there as anywhere till the trial. Leavitt
said they would come out all
right if Bismarck stuck to that story
Bismarck said he didn't know. and tina,
no had told 1t to save his neek, and thai
he expected both Of them ELeavitt and
himselfT would 60 to the "pen.o LeRyit!
brought Bismarck q bottle of brandy
that day in the afternoon. Leavitt in
tie afternoon called upon Bismarck and
asked him the name OF the man who
wanted to 20 on his bail bond in the
police court, or words to that effett.
Characterization by the state: II
was about 9o'clock when LeayItt came
there that morning. y. W. Wood did
not come with the sheriff and Lsavitt.
Nobody except the prisoners were there
when Leayitt and Bismarck were talking.
There were even or eight prisoners.
Leavitt was at the door on the outside,
/ heard no other interview in the morn.
ing than the one r have related. In the
afternoon heard the conversation.
WoGd ala MT kcll 81 AT ~ tHa oeo...